HOW THE LAW OFFICES OF STEVEN A. SCHWABER CAN HELP YOU
What We Do
Our clients are both debtors (those who owe money) and creditors (those who are owed money). This allows us to keep a balanced, objective point of view on each case. Also, while Mr. Schwaber's bankruptcy certification is in individual and corporate business and investment matters, we represent individuals in consumer matters as well.
Mr. Schwaber is available by appointment to discuss your personal situation with you. To send an email requesting an appointment, click here. Or, you can call the office and speak directly with him, not a secretary or a paralegal. Generally, in consumer cases (that is, cases that do not involve the present or prior operation of a business or investment by you) there is no charge for the initial hour long consultation; in unusual cases, however, it might be necessary to make a small charge for this consultation, which would be applied to any further services for which the office is retained by you. This can be determined at the time the appointment is made. If you need information as a debtor, see below.
If You are a Creditor or a Third-Party
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INFORMATION FOR DEBTORS
Setting up the Appointment
At the time you contact us to make an appointment, we will need to know the following (this will expedite arranging a conference):
What the general nature and amount of your debt is (e.g., mortgage debt; credit card debts; business related debts, and so forth), broken down between household consumer debts on the one hand and debts which were for anything other than consumer purposes such as business related, past due taxes and the like on the other hand;
What caused you to get behind on your payments on your debts (mortgage payment reset; loss of your job; medical problems; overspending; etc.;
What your total income from all sources has been over the past six months (including your spouse) -- just the totals; we will get into more detail at our meeting;
And most importantly, whether anything is happening, or if anything is scheduled or likely to happen, within the two weeks after this initial contact (such as a foreclosure, repossession and/or wage garnishments, and the like).
Having this information readily available enables Mr. Schwaber to make an initial determination of what needs to be done quickly in your situation.
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What to Bring With You to the Initial Office Consultation
To assist us in getting the information we will need to assess your situation at our first meeting, please bring all of the following information with you.
If You Are in Business or Have Within the Last Six Years Have Been in Business, Whether Individually or as a Corporation:
If you operated the business as an individual, download and complete the (fillable) Office Worksheet for Individual Clients in Business, following the instructions contained in the yellow "note" icons and bring these completed worksheets with you (completeness counts, neatness does not as long as they are legible). If you operated the business as an entity (corporation, partnership, LLC or LLP), download this worksheet (also fillable) and follow the same instructions.
Bank account statements for the past six months for every bank account for which you had the authority to made deposits and withdrawals;
A current credit report from the three major credit reporting agencies for you personally, even if we will be primarily concerned with an entity such as a corporation or LLC;
A current year balance sheet, cash flow statement and profit and loss statement for the business, preferably showing a comparison with the same information for the immediately prior year;
A printout of the cash disbursements journal and the cash receipts journal for the business covering the last twelve months;
The last two Federal income tax returns, regardless of the tax years to which they pertain, filed by you and by the business (if a separate entity) with all schedules and attachments as filed with the IRS;
A current complete list of all accounts payable and accounts receivable for the business;
Copies of all leases signed by the business, both as to real property and as to personal property;
Copies of all purchase contracts for the business for both real property and the major assets of the business on which payments are still being made; and
Your social security card and your drivers license or other government issued identification card.
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If You Have Not Been in or Operated a Business Within the past Six Years:
If your debts are primarily consumer debts (that is, not related to the operation of a business), download and complete
the (fillable) Office Worksheet for Individual Clients Not in Business, following the
instructions contained in the yellow "note" icons and bring these
completed worksheets with you (completeness counts, neatness does not
as long as they are legible).
Bank account statements for the past six months for every bank account for which you had the authority to made deposits and withdrawals;
All paycheck stubs for the six months preceding the conference;
The last two Federal income tax returns, regardless of the tax years to which they pertain, actually filed by you, with all schedules and attachments as filed by you with the IRS;
All bills and statements for the last six months from each of your creditors which do not have a starting balance of zero;
If you own any real property, whether you are presently living in it or not, the most current billing statement from each lender on each property;
If you are buying or leasing one or more cars, the most current billing statement from each lender or lessor on each vehicle; and
Your social security card and your drivers license or other government issued identification card.
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Although this might seem like a lot of work, all of this information is essential to an understanding of your present situation. No bankruptcy attorney can do a competent analysis of your situation without all of the relevant information. At our initial meeting, please be prepared to discuss the specific events leading up to the present financial difficulties of the business.
If you have any questions about what you need to bring with you to the meeting, please feel free to email us with your questions and we will respond as quickly as possible.
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What are the fees and costs associated with our services?
It is not possible to quote a fee for these legal services until we have reviewed your documents and assessed your situation. Any office that quotes fees without this information and analysis is either processing cases in a mass operation in which you are simply another number; or it has so many exclusions and contingencies that will up the fees that the original fee quotation becomes meaningless. In most cases, once we have completed our assessment of your case, we will quote a flat fee for the entire bankruptcy process (excluding various litigation-type matters which differ from case to case) so you know the cost of your bankruptcy proceeding up front. All fees are payable prior to filing your case, except in exceptional circumstances which depend strictly upon the facts of your situation. Contact Our Office
How Long Does the Bankruptcy Process Take?
This depends on which Chapter of the Bankruptcy Code your case is filed under. For Chapter 7 cases, you can expect the entire process to take somewhere around five to six months from the time the case is filed until it is closed by the Bankruptcy Court. Chapter 13 cases usually take about four or five months from the time the case is filed until your repayment plan is confirmed; however, the case will remain open until you have completed all payments required under your approved plan, which is usually 36 to 60 months, at which time any remaining balance of your dischargeable debts will be discharged. Finally, Chapter 11 cases are rather more complex types of cases and can take as long as two or more years before the Court approves a proposed plan of reorganization, plus whatever time the Court has approved to actually carry out whatever the approved plan provides for. Mr. Schwaber will be able to give you a more specific estimate of the time for your specific bankruptcy case to be administered at the time he discusses his analysis of your situation with you. Contact Our Office
And Finally, Is There Life after Bankruptcy?
In a word, Yes. It is not the end of the world. In fact, the end of the world was when your financial difficulties became too much to manage. Recognizing the situation, coming to this web site and meeting with us is actually your first step on the way back. There is no question that credit after you emerge from bankruptcy will be difficult to get for the first few years. This is not such a bad thing if you think about it; you need breathing room to get back on your feet. You need time to get used to handling money that is not being gobbled up at every turn by voracious creditors. During this time, as part of your planning for future needs, you will need to think about rebuilding your credit. There is no magic wand you can wave, no company with superpowers that can do this overnight "for a small fee". It is a lengthy process, one which we will discuss in the course of our representation of you. Credit will be more expensive and will be somewhat harder to get, but it will be available. Contact Our Office
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